By Craig B. Mitchell and Kiana M. Mitchell | Mitchell & Associates, APLC

Inaccurate statements do not automatically require forfeiture of Louisiana workers’ compensation benefits. Under La. R.S. 23:1208, the employer must prove a false statement or representation, that it was willfully made, and that it was made for the purpose of obtaining workers’ compensation benefits. In Mackel v. U-Haul Co. of Louisiana, the Fourth Circuit affirmed rejection of a fraud defense because the record supported the finding that the worker’s inaccuracies did not satisfy those requirements.

Mitchell & Associates represented Virdis Mackel at trial and on appeal. On June 9, 2026, the Fourth Circuit affirmed the judgment in his favor, including penalties and attorney fees against U-Haul. The parties subsequently settled the case. The settlement terms are not disclosed here.

An assault at work and a PTSD diagnosis

Mackel managed a U-Haul facility in Gretna. While he was handling a customer’s dispute over rental charges, the customer’s boyfriend punched him in the face. Mackel fell and struck his head on concrete. His broken glasses cut his eye and face. The opinion describes further threatening events before police arrived.

He sustained physical and psychological injuries and was diagnosed with post-traumatic stress disorder. He could not return to work because of his PTSD and treated with psychiatrist Dr. John MacGregor. As part of exposure therapy, the psychiatrist encouraged him to leave home for progressively greater distances and periods.

Why the employer alleged fraud

U-Haul investigated Mackel and learned that he had driven his girlfriend to work at the same facility where the assault occurred. It also identified inaccurate statements to his psychiatrist about his ability to leave home and his military history. After his deposition, U-Haul discontinued wage and medical benefits, including benefits supporting his psychiatric treatment.

U-Haul maintained that those statements violated La. R.S. 23:1208. After trial, the workers’ compensation judge ruled for Mackel and assessed penalties and attorney fees. U-Haul appealed both the rejection of its fraud defense and the penalties and fees.

What an employer must prove under the fraud statute

The appellate court explained that forfeiture is a harsh remedy and the statute must be strictly construed. The employer must establish all three elements:

• A false statement or representation.
• A statement made willfully, meaning knowingly and deliberately.
• A statement made for the purpose of obtaining workers’ compensation benefits.

The court acknowledged that Mackel had made some inaccurate statements. The disputed question was whether he had made them willfully to obtain benefits. That distinction required review of the testimony and medical evidence, rather than treating every inconsistency as fraud.

Why the testimony and treatment context mattered

The workers’ compensation judge heard Mackel’s testimony and credited his explanations. He explained that when he described being unable to leave home, he meant going into public rather than remaining in his car. He acknowledged driving his girlfriend to work and entering the facility at times, while describing anxiety and occasions when he could not make the drive.

Dr. MacGregor knew Mackel sometimes left home and had encouraged those outings as treatment. He explained that PTSD symptoms could improve and then regress after a triggering event, and that patients could give differing accounts of events. Although he had not known the full frequency of the trips to U-Haul, he did not consider the activity necessarily inconsistent with what Mackel reported in therapy.

The military-history inaccuracies were also addressed. The trial judge found them inconsequential to the diagnosis because the psychiatrist had not relied on that history in diagnosing Mackel. The appellate court noted that the psychiatrist regarded the inaccurate history as significant, but did not identify its effect on the treatment plan.

What the other medical evaluations showed

Dr. Susan Andrews agreed with the PTSD diagnosis and concluded that Mackel was not faking his symptoms. She recommended continued psychiatric treatment without interruption.

Two evaluators retained by U-Haul, Dr. Kevin Bianchini and Dr. Richard Roniger, also agreed with the PTSD diagnosis. They disagreed with the treating psychiatrist’s approach and favored a return to a modified or different work setting. Dr. Bianchini did not find malingering. Another physician, Dr. Chad Domangue, questioned Mackel’s reporting and suggested malingering for litigation purposes.

The court considered the evidence together and found a reasonable factual basis for the trial judge’s rejection of fraudulent intent. The decision did not hold that every doctor agreed about treatment or that all questions about return to work had disappeared. It held that the trial court’s finding on the fraud defense was supported by the record.

Why the appellate standard mattered

Whether a worker violated La. R.S. 23:1208 is a factual question reviewed for manifest error. The appellate court asks whether the record provides a reasonable basis for the trial court’s finding and whether that finding is clearly wrong. When two permissible views of the evidence exist, the appellate court cannot simply substitute its preferred view.

In Mackel, the trial judge had heard the worker testify and found him credible. The Fourth Circuit concluded that the medical evidence and testimony reasonably supported that assessment, so it affirmed rejection of the fraud defense.

Why penalties and attorney fees were affirmed

The court separately considered La. R.S. 23:1201(I), which provides for penalties and reasonable attorney fees when benefits are discontinued arbitrarily, capriciously, or without probable cause.

The Fourth Circuit emphasized that four of the five doctors who evaluated Mackel agreed he had PTSD and would benefit from further treatment. That group included two doctors retained by U-Haul. The court found that U-Haul had failed to present evidence justifying the cutoff and upheld the trial court’s penalties and attorney fees.

Losing a fraud defense does not automatically establish entitlement to penalties in every case. Mackel involved a separate review of the evidence concerning the decision to discontinue benefits.

What the result means for injured workers

The Fourth Circuit affirmed the judgment in Mackel’s favor. The case settled afterward. The opinion does not disclose the subsequent settlement or state its amount, and this article makes no claim about the settlement terms.

For a worker accused of fraud, the decision shows why the complete record matters. An activity may need to be evaluated in the context of prescribed treatment, symptoms that fluctuate, and the worker’s explanation. Medical disagreement alone is not a substitute for proving each element of fraud.

Workers should report symptoms and activities accurately, correct mistakes promptly, and preserve treatment instructions, medical records, and correspondence about any cutoff. If fraud is alleged, the specific statements and the employer’s evidence require careful review.

Common questions about fraud allegations and PTSD claims

Does an inaccurate statement automatically mean workers’ compensation fraud?

No. For forfeiture under La. R.S. 23:1208, the employer must prove that the false statement was willful and made for the purpose of obtaining benefits. The Mackel court acknowledged inaccuracies but affirmed the finding that fraudulent intent had not been established.

Can leaving home undermine a PTSD workers’ compensation claim?

Activity outside the home can be relevant evidence, but it must be considered in context. In Mackel, the psychiatrist had prescribed exposure therapy and encouraged outings. The worker’s explanations and medical evidence supported the trial judge’s finding. The decision does not mean that every outing is consistent with every claimed limitation.

Does disagreement about returning to work establish fraud?

Not by itself. In this case, doctors agreed about PTSD while disagreeing about treatment and return-to-work plans. The court examined whether the worker had deliberately made false statements to obtain benefits, which is a different question.

Can an employer face penalties for stopping benefits based on fraud allegations?

Yes, when the discontinuation meets the standard in La. R.S. 23:1201(I). In Mackel, the court affirmed penalties and attorney fees because the evidence supported the finding that the cutoff was arbitrary and capricious. An unsuccessful fraud defense alone does not decide that question.

Did the appellate court award a settlement?

No. The appellate court affirmed the workers’ compensation judgment. The parties later resolved the case by settlement. Those are separate events, and the settlement terms are not disclosed here.

Read the decision and discuss a benefit cutoff

Read the Fourth Circuit opinion in Mackel v. U-Haul.

If your Louisiana workers’ compensation benefits have been stopped following allegations of fraud, contact Mitchell & Associates, APLC in New Orleans to discuss your circumstances. Have the cutoff notice, disputed statements, and available medical records ready for review.

This article provides general information about a specific decision and is not legal advice. Prior results do not guarantee a similar outcome. Each case depends on its facts and applicable law.

Legal sources

Mackel v. U-Haul Co. of Louisiana, No. 2025-CA-0864 (La. App. 4 Cir. June 9, 2026): background pp. 1–3; fraud standard pp. 3–5; testimony and medical evidence pp. 5–8; penalties and decree pp. 8–9. The subsequent settlement is reported by counsel, not in the opinion.

La. R.S. 23:1208 — https://legis.la.gov/Legis/Law.aspx?d=83440. La. R.S. 23:1201(I), applied in the opinion at pp. 8–9.

Key authorities discussed in the opinion: Resweber v. Haroil Construction Co., 660 So.2d 7 (La. 1995); Cembell Industries, Inc. v. Smith, 414 So.3d 661 (La. App. 4 Cir. 2025); Stobart v. State, 617 So.2d 880 (La. 1993).

Too Hurt To Work in New Orleans? Start With the Right Information

The post Can Inaccurate Statements Cause You to Lose Louisiana Workers’ Compensation Benefits appeared first on Mitchell & Associates, APLC.

If you can walk and don’t feel immediate pain, you may assume you escaped without injuries. But how you feel at the scene does not always tell the whole story.

Seeking medical attention after an accident can help identify injuries, guide your recovery, and create a record of what happened. Waiting can also create questions about your injuries when an insurance company reviews your claim.

Watch our video on seeking medical attention after an accident

Some Injuries Take Time to Show Up

The stress and adrenaline surrounding an accident can make it difficult to assess how you feel. You may be shaken, distracted, or more concerned about someone else than yourself.

Some injury symptoms also develop later. According to MedlinePlus, whiplash pain may take hours or longer to appear. Symptoms can include headaches, dizziness, and pain or stiffness in the neck, shoulders, jaw, or arms. Concussion symptoms can also begin after the initial injury.

You might feel relatively comfortable immediately after a collision, then wake up the next morning with neck stiffness or a headache. Those changes deserve attention.

Being able to leave the scene does not establish that you are uninjured. A medical professional can evaluate your condition and determine whether treatment, testing, or monitoring is appropriate.

Your Health Comes First

Do not wait for an insurance company to decide whether your symptoms deserve medical attention.

If you are unsure whether you need care, contact a healthcare professional and explain what happened. Describe any symptoms accurately, including when they began and whether they are getting worse.

Certain symptoms require emergency attention. Call 911 for trouble breathing, loss of consciousness, confusion after a head injury, or a suspected neck or spinal injury with weakness or loss of movement.

An evaluation is about understanding your condition and receiving appropriate care. Follow your provider’s recommendations, and report new or worsening symptoms.

Why a Delay Can Complicate an Insurance Claim

An injury claim often raises questions about when an injury occurred, what caused it, and what treatment was necessary. Medical records help establish that timeline.

A lengthy gap between an accident and your first medical visit may give an insurer room to question the connection. For example, an adjuster might ask whether your symptoms resulted from the accident, a later incident, or an existing condition.

Waiting does not automatically mean your claim will be denied. However, a delay can make the circumstances harder to document and may become a point of dispute.

Consider someone who develops back pain the day after a collision but waits several weeks to seek care. The pain may be real, yet the absence of an early medical record leaves more questions about when it began and how it progressed.

If you have already delayed treatment, be honest about why. Symptoms may have developed gradually, or cost, transportation, and appointment availability may have affected your ability to obtain care. Explain those circumstances accurately to your provider and attorney.

Give Your Medical Provider a Clear History

Tell your provider that you were involved in an accident. Explain when it happened, how your body was affected, and what you noticed afterward.

Be specific about your symptoms and their effect on everyday activities. If turning your head hurts, lifting is difficult, or discomfort interrupts your sleep, say so.

Also disclose relevant prior injuries or conditions. If the accident made an existing problem worse, explain what changed. An accurate history helps your provider evaluate you and helps avoid inconsistencies later.

Do not exaggerate symptoms, but do not minimize them simply because you hope they will disappear.

Keep Track of Your Care and Recovery

After your evaluation, keep your discharge instructions, appointment information, medical bills, and related receipts together. A brief, dated record of symptoms and missed work can also help you remember details.

Attend recommended follow-up visits. If you cannot attend, contact the provider to reschedule and explain any barriers to care. Treatment decisions should follow your medical needs and your provider’s guidance.

When communicating with an insurer, describe what you know accurately. Avoid guessing about your diagnosis or making broad statements about your recovery before you understand your condition.

Questions About an Accident Injury Claim?

You do not have to have every answer at the scene of an accident. What matters is taking your health seriously, obtaining appropriate care, and documenting what happens afterward.

If you were injured and have questions about an insurance claim, Mitchell & Associates can help you understand your options and the issues that may affect your case.

Too Hurt To Work in New Orleans? Start With the Right Information

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By Craig B. Mitchell and Kiana M. Mitchell | Mitchell & Associates, APLC

Yes. Receiving a Form 1099 does not, by itself, establish that a Louisiana worker is an independent contractor for workers’ compensation purposes. Courts examine the actual working relationship, including the company’s right to control the work. In Smith v. RNK Construction, L.L.C. and CNA Insurance Companies, the Louisiana Fourth Circuit held that a dump truck driver was an employee despite his 1099 tax treatment and percentage-based pay.

Mitchell & Associates represented Melvin Smith in the appeal. On October 2, 2026, the court reversed the workers’ compensation court’s denial of his claim and remanded the case to determine the amounts due under the Workers’ Compensation Act. The ruling addressed his employment status; it did not establish a specific benefit amount.

How the dispute arose

Smith drove a dump truck for RNK. After delivering a load of sand to a customer in Grand Isle, he was returning to RNK’s truck yard when the truck struck a protective barrier. The opinion describes injuries to his head and other areas of his body requiring medical treatment.

RNK refused to pay medical or wage benefits on the ground that Smith was an independent contractor. Smith filed a disputed claim seeking medical treatment and temporary total disability benefits. After trial and post-trial briefing, the workers’ compensation court denied the claim. Smith appealed.

What Louisiana law says about employee status

La. R.S. 23:1044 establishes a presumption of employee status for a person rendering services in a business covered by the Workers’ Compensation Act. In Smith, that presumption placed the burden on RNK to establish an independent contractor relationship.

The court applied the factors from Hickman v. Southern Pacific Transport Co., 262 So.2d 385 (La. 1972). Those factors examine the parties’ contract, the independence of the work, control over the methods used, the price agreed upon, and whether the relationship has a definite duration or can be ended at will without liability for breach. No single factor decides the issue.

A central consideration is the right of control. That inquiry includes the authority the company reserves over the worker, even when it does not exercise that authority every moment.

Why the court found Smith was an employee

The majority identified several facts showing RNK’s control over Smith’s work:

• RNK owned, maintained, and insured the dump truck and supplied the equipment used in it.
• RNK assigned work through dispatch and dictated where loads were picked up and delivered.
• Smith hauled materials for RNK’s customers rather than his own.
• RNK required its uniform and issued written policies governing his conduct.
• The truck had GPS tracking and an in-cab camera that allowed RNK to monitor his work.
• Violations could lead to discipline or termination, and the relationship had no definite term.

The written materials also mattered. Smith completed an employment application and signed policies repeatedly using employee terminology. There was no written agreement identifying him as an independent contractor. The majority considered these documents alongside Smith’s testimony that he did not understand he was applying to work as an independent contractor.

RNK relied on Smith’s 1099, his compensation of 25 percent of what the truck earned, and testimony that he could refuse assignments. The majority considered those points but found the overall relationship showed employment. It also questioned whether Smith knew he could refuse assignments or had exercised that option.

Why the truck driver provision did not resolve the case

RNK relied on La. R.S. 23:1021(7), which addresses independent contractors and the manual labor exception to their exclusion from coverage. The provision also identifies certain activities involving truck tractors and tractor trailers as outside the definition of manual labor.

The majority explained that this language does not make a dump truck driver an independent contractor. It distinguished a dump truck from a truck tractor or tractor trailer and returned to the central question: was Smith an employee or an independent contractor? The employment relationship still required analysis under the applicable factors.

The decision does not establish that every truck driver is an employee. Vehicle type, work arrangements, and the company’s right of control remain important to the individual claim.

What the court decided and what remains on remand

The Fourth Circuit concluded that Smith was an employee rather than an independent contractor. It reversed the judgment denying his claim and sent the case back to the workers’ compensation court to determine the amounts due under the Act.

The opinion did not calculate wage benefits, fix a period of disability, set medical expenses, or award a stated amount of penalties or attorney fees. The remand requires further proceedings concerning the benefits owed.

Judge Joy Cossich Lobrano concurred, emphasizing RNK’s reserved right of control and the statutory presumption of employment. Judge Karen K. Herman dissented, concluding that the trial court’s finding was supported by the record under the deferential standard of appellate review. Judge Nakisha Ervin-Knott joined those dissenting reasons. The divided decision underscores that classification disputes depend on the evidence and the applicable standard of review.

What an injured worker should preserve

If a company denies a claim because it calls you an independent contractor, preserve the records showing how the work actually operated. Relevant records may include the application, contracts, company policies, dispatch messages, pay records, tax forms, and communications about scheduling or discipline. Information about who supplied the equipment, paid operating expenses, selected customers, and could end the relationship may also matter.

In Smith, the company’s label did not end the inquiry. The evidence of its control over the work was central to the court’s analysis.

Common questions about 1099 workers and workers’ compensation

Does a 1099 mean I cannot receive workers’ compensation?

No. A 1099 is relevant, but it does not alone establish independent contractor status. Louisiana courts examine the working relationship and the applicable statutory rules.

Does being paid by the load make me an independent contractor?

Not by itself. Smith received a percentage of the truck’s earnings. The court considered that payment arrangement together with RNK’s equipment ownership, dispatch instructions, work rules, monitoring, and termination authority.

Can a truck driver be an employee for workers’ compensation purposes?

Yes. The Fourth Circuit found this dump truck driver was an employee. The decision requires attention to the worker’s actual circumstances; it does not automatically classify all drivers the same way.

Do you need a written employment contract to be an employee?

A formal written employment contract is not the sole test. Smith’s case involved an employment application, policies, testimony, and evidence about how RNK controlled the work. The absence of a written independent contractor agreement was one part of that record.

Did Smith receive a specific monetary award on appeal?

No. The appellate court resolved the classification issue in his favor and remanded to determine the amounts due. The opinion does not identify a final recovery.

Read the decision and discuss a denied claim

Read the Fourth Circuit opinion in Smith v. RNK Construction.

If your Louisiana workers’ compensation claim has been denied because the company calls you a 1099 worker or independent contractor, contact Mitchell & Associates, APLC in New Orleans to discuss your circumstances. Have your denial, work agreements, and available pay records ready for review.

This article provides general information about a specific decision and is not legal advice. Prior results do not guarantee a similar outcome. Each case depends on its facts and applicable law.

Legal sources

Smith v. RNK Construction, L.L.C. and CNA Insurance Companies, No. 2026-CA-0078 (La. App. 4 Cir. Oct. 2, 2026), majority pp. 1–11; Lobrano concurrence pp. 1–3; Herman dissent and Ervin-Knott dissent. The facts and procedural account above are drawn from the supplied opinion.

La. R.S. 23:1044 — https://www.legis.la.gov/legis/LawPrint.aspx?d=83344

La. R.S. 23:1021(7) — https://www.legis.la.gov/legis/law.aspx?d=83328

Hickman v. Southern Pacific Transport Co., 262 La. 102, 262 So.2d 385 (1972), discussed in the majority at pp. 4–11. Hillman v. Comm-Care, Inc., 2001-1140 (La. Jan. 15, 2002), 805 So.2d 1157, discussed in the concurrence at p. 1.

The post Can 1099 Workers Get Louisiana Workers’ Comp? appeared first on Mitchell & Associates, APLC.

If you hurt your back at work take the right steps to take care of yourself. Here’s what you should do:

1. Tell Someone: Let your supervisor or manager know about your injury as soon as possible. They’ll fill out an incident report about what happened. We handle too many cases that have to go to court because an accident wasn’t reported timely. Report your accident quickly so you have a better chance of getting your benefits started.

2. Get Medical Help: If your back injury is severe or you’re in a lot of pain, seek medical attention right away. You can ask your supervisor or co-worker to take you to the emergency room or urgent care.

3. See a Doctor: It’s important to see a healthcare professional, like a doctor or chiropractor, who can assess your injury properly. They will be able to diagnose the extent of the injury and recommend the right treatment plan for your specific situation. Keep in mind, though, that not all doctors take workers’ compensation cases. You also have to get your doctor appointment pre-authorized by your employer or they may not have to pay for it – you will!

4. Keep Records: Keep a record of the incident, including the date, time, and how the injury occurred and who you reported it to. It’s helpful for future reference, especially if you need to discuss the injury or file a workers’ compensation claim. Keep a log of every time you go to a doctors’ appointment because the workers’ comp laws make your employer or its insurance company reimburse you for the travel.

5. Follow the Treatment Plan: Stick to the treatment plan recommended by your healthcare professional. This might involve rest, doing specific exercises, taking prescribed medications, or attending physical therapy sessions. Following their advice will help you recover faster.

6. Call attorney Craig Mitchell or attorney at Kiana Mitchell at Mitchell & Associates. The workers’ compensation companies like Sedgwick, Walmart Claims, Broadspire Services, Gallagher Bassett Services, York Risk Service Group, Corvel Corporation, ESIS, Genex and CCMSI all have teams of adjusters, nurse case managers, investigators, doctors and attorneys to scrutinize your claim and deny you benefits. Our team at Mitchell & Associates was designed to stop them.

How Do People Hurt Their Back While Working?

Back injuries at work can happen many ways. Here are some common causes:

1. Heavy Lifting: Lifting stuff that’s too heavy or not using the right lifting techniques can strain your back muscles and lead to injuries.

2. Awkward Postures: Imagine working in positions that make your back bend, twist, or reach in weird ways for a long time. That can put a lot of stress on your back and increase the chances of getting injured. Many people will hear a “pop” in their back. Sometimes the pain starts right away, and sometimes it takes a day or two.

3. Overexertion: Pushing yourself too hard physically, like doing tasks that are way beyond your capabilities or strength can take a toll on your back.

4. Slip, Trips, and Falls: accidents like slips, trips, and falls in the workplace can lead to sudden movements or impacts on your back, which can result in injuries.

5. Workplace Hazards: If your work environment has hazards like uneven floors, poor lighting, or obstacles in your way, they can increase the chances of accidents and, you guessed it, back injuries.

What is the Point of Physical Therapy After You Hurt Your Back at Work?

When you hurt your back on the job, physical therapy plays a crucial role in the recovery process.

The purpose of physical therapy is to help alleviate pain, restore function, and promote healing in your back. Here are some key reasons why physical therapy can help back injuries:

1. Pain Relief: Physical therapists can use various techniques such as heat or cold therapy, ultrasound, and electrical stimulation to help reduce pain and inflammation in your back. They may also teach you specific exercises to alleviate pain and promote healing.

2. Restoring Mobility and Flexibility: Back injuries can lead to stiffness and limited movement. Physical therapists can design customized exercise programs that target specific muscle groups, improving flexibility, range of motion, and overall mobility. These exercises may include stretching, strengthening, and gentle movements.

3. Core Strengthening: Your core muscles, including those in your abdomen and lower back, provide essential support to your spine. Physical therapists can guide you through exercises that strengthen these muscles, improving stability and reducing the risk of future injuries.

4. Posture Correction: Poor posture can contribute to back pain or exacerbate existing injuries. Physical therapists can assess your posture and provide guidance on correct alignment and body mechanics during everyday activities. They may teach you exercises and techniques to improve posture and reduce strain on your back.

5. Education and Prevention: Physical therapists can educate you about your back condition, teaching you strategies to manage pain and prevent future injuries. They may provide guidance on proper body mechanics, lifting techniques, ergonomics, and lifestyle modifications to support a healthy back.

Physical therapy programs are tailored to individual needs, so your experience may vary based on your specific injury and overall health. Working closely with a physical therapist can significantly improve your recovery and help you regain strength and function in your back.

What Happens if Physical Therapy For Your Back Doesn’t Work?

After you’ve been hurt while working, there can many reasons why physical therapy for your back doesn’t help. It’s important to remember that every person and injury is unique, and not all treatment approaches work the same for everyone. If you’re not getting better it may be for one of these reasons:

1. You Haven’t Treated Enough Time: Recovery from back injuries can take time, and improvement may not be immediate. If you haven’t given enough time for the therapy to take effect, it’s worth discussing your concerns with the physical therapist and determining if more sessions or a modified approach may be beneficial.

2. Severity of Injury: The nature and severity of your back injury can impact the effectiveness of physical therapy. In some cases, more intensive or specialized interventions may be necessary, such as additional diagnostic tests, pain management techniques, or consultations with other healthcare professionals, like orthopedic specialists or pain management specialists. Under the Louisiana workers’ compensation system you have to submit a choice of physician fomr to the adjuster before you can get evaluated.

3. Underlying Conditions: There could be underlying conditions or factors contributing to your back pain that may require further evaluation and treatment. It’s possible that your physical therapist may recommend consulting with a physician to explore other diagnostic possibilities or additional treatment options.

4. Individual Variability: Each person’s response to treatment can vary. Sometimes, despite following a prescribed physical therapy regimen, an individual may not experience the expected improvements. In such cases, the physical therapist might need to reassess the treatment plan, modify the exercises, or explore alternative techniques to address your specific needs.

What Procedure Might My Doctor Try If Physical Therapy For My Back Doesn’t Work?

If physical therapy for your back doesn’t work there are several more steps your doctor can take. The specific approach will depend on your individual condition, the what is already causing your back pain, and the recommendations of your healthcare provider. Here are a few possible options:

1. Imaging and Diagnostic Tests: If the cause of your back pain is unclear or hasn’t been fully identified, your doctor may order imaging tests such as X-rays, MRIs, or CT scans. These tests can provide detailed information about the structures in your back, helping to identify any abnormalities or specific conditions that may require different treatment approaches.

2. Medications: Depending on the nature and severity of your back pain, your doctor may prescribe medications to manage pain, reduce inflammation, or relax muscles. This could include over-the-counter pain relievers, nonsteroidal anti-inflammatory drugs (NSAIDs), muscle relaxants, or, in some cases, stronger pain medications if necessary.

3. Injections: Your doctor may suggest injections to provide targeted pain relief and reduce inflammation. This could involve corticosteroid injections, which are anti-inflammatory medications, or nerve block injections that temporarily block pain signals.

4. Minimally Invasive Procedures: If conservative measures haven’t been successful, your doctor might recommend minimally invasive procedures. These can include techniques such as radiofrequency ablation (RFA), where heat is used to interrupt pain signals from specific nerves, or spinal cord stimulation, where electrical impulses are delivered to the spinal cord to mask or reduce pain.

5. Surgical Intervention: In cases where conservative treatments and less invasive procedures haven’t provided relief, surgery may be considered. Surgery aims to address specific structural issues causing your back pain, such as herniated discs, spinal stenosis, or spinal instability. The type of surgical procedure will depend on your diagnosis and the recommendations of a qualified surgeon.

What Are Epidural Steroid Injections?

Doctors use epidural steroid injections (ESIs) to help with pain and inflammation in certain parts of the body, like the back, sciatica, or herniated discs.

During an ESI, the doctor injects a mix of numbing medication (local anesthetic) and anti-inflammatory medication (corticosteroid) into the epidural space near the spinal cord and nerves. This space is between the protective covering of the spinal cord and the bony vertebrae.

The local anesthetic numbs the area right away, giving immediate relief, while the corticosteroid helps reduce inflammation in the long run, which can help ease the pain. They’re pretty careful with the injection, making sure it goes exactly where it’s needed.

ESIs are done with the guidance of X-rays to make sure the needle is in the right spot. And the best part is that it’s usually done as an outpatient procedure, so you don’t have to stay overnight in the hospital.

Now, it’s important to know that while ESIs can be helpful in relieving pain, they’re not a permanent fix. Different people may have different experiences with the injections, and sometimes more injections might be needed later on.

If you have any specific worries or questions about epidural steroid injections, make sure to ask your doctor. It’s always a good idea to talk things through and get the information you need.

What Are Radio Frequency Ablations?

Radiofrequency ablation (RFA) is a medical procedure used to treat certain types of chronic pain. It is often used for conditions like arthritis, back pain, and joint pain.

During an RFA procedure, a doctor uses a special needle-like probe that emits radiofrequency waves. These waves generate heat and are directed to specific nerves that are causing pain. The heat produced by the waves creates a small lesion on the nerve, which helps interrupt the pain signals traveling to the brain.

The purpose of RFA is to provide long-lasting pain relief. By disrupting the pain signals, it can reduce or eliminate pain in the affected area. The procedure is performed under local anesthesia, which numbs the area, or sometimes with sedation to help you relax.

Before the procedure, the doctor may use imaging techniques, such as X-ray or ultrasound, to guide the needle to the targeted nerves accurately. This ensures that the treatment is focused on the right area.

What Type of Surgery Will My Doctor Do To Fix My Back Pain?

The type of surgery your doctor may recommend to help with your back pain depends on several factors, including the underlying cause of the pain and the specific details of your condition. Here are some common surgical procedures your doctor may use to address your back pain:

1. Discectomy: This surgery involves removing a portion of a herniated or damaged disc in the spine that may be pressing on a nerve and causing pain.

2. Spinal Fusion: In spinal fusion surgery, two or more vertebrae are permanently joined together, limiting movement in that area of the spine. This procedure is typically done to stabilize the spine, alleviate pain caused by spinal instability, or correct deformities.

3. Laminectomy/Laminotomy: These procedures involve removing part or all of the lamina, which is the bony arch at the back of the vertebra, to relieve pressure on the spinal cord or nerves. They are often performed to treat spinal stenosis, where the spinal canal narrows and compresses the nerves.

4. Artificial Disc Replacement: Instead of fusing the vertebrae, artificial disc replacement surgery involves removing a damaged disc and replacing it with an artificial disc. This procedure aims to preserve spinal motion while relieving pain and maintaining stability.

5. Foraminotomy: This surgery enlarges the space where the nerve roots exit the spinal canal, relieving pressure on the nerves and reducing pain caused by conditions like foraminal stenosis or herniated discs.

Your doctor will thoroughly discuss the surgical options, the potential benefits, risks, and the expected recovery process. It’s essential to have a detailed conversation with your doctor to understand the specific surgery recommended for your back pain and to address any concerns or questions you may have.

How Long Does It Take To Get Back To Work After Back Surgery?

The recovery time and return to work after each of these surgeries can vary depending on several factors, including the specific procedure performed, the individual’s overall health, the nature of their work, and the progress of their recovery. Here are some general guidelines, but please keep in mind that these are approximate timelines, and it’s crucial to consult with your surgeon for personalized information:

1. Discectomy: The recovery period after a discectomy can range from a few weeks to a few months.

2. Spinal Fusion: Recovery from spinal fusion surgery typically takes longer, often several months. Initially, you may need to wear a back brace and limit activities. The time to return to work can vary from 2 to 6 months or longer, depending on the complexity of the fusion and the type of work you do.

3. Laminectomy/Laminotomy: The recovery time after a laminectomy or laminotomy can range from a few weeks to a few months. If the surgery was for spinal stenosis, you might be able to return to work within a few weeks. If the procedure is more extensive or if fusion is also performed, it may take longer, potentially several months.

4. Artificial Disc Replacement: Recovery after artificial disc replacement surgery may be quicker compared to fusion procedures.

5. Foraminotomy: Recovery time after a foraminotomy can vary but is generally shorter compared to more extensive spinal surgeries.

It’s important to note that these are general estimates, and the timeline can vary from person to person.

Additionally, certain jobs that involve physically demanding tasks or heavy lifting may require additional accommodations or modified duty. Your doctor will give your recommendations for your work situation and guide you through the recovery process.

What Are Some Possible Complications or Side Effects of Back Surgery?

While back surgeries can be effective in treating certain conditions, it’s important to be aware of potential complications or side effects. Here are some possible ones to keep in mind:
1. Infection: Like with any surgical procedure, there is a risk of developing an infection at the surgical site. Your surgeon will take precautions to minimize this risk, but it’s still something to be aware of.
2. Bleeding: Surgery involves incisions, and sometimes there can be bleeding either during or after the procedure. Your surgeon will closely monitor this and take steps to control bleeding as needed.
3. Nerve or Spinal Cord Injury: There is a small risk of nerve damage or injury during back surgery. Surgeons take great care to avoid these complications, but they can occur in certain cases.
4. Pain or Discomfort: pain or discomfort from surgery is common and usually managed with pain medication. However, there may be cases where the pain persists or becomes chronic. It’s important to work closely with your healthcare team to address any ongoing pain.
5. Limited Mobility: Depending on the extent of the surgery, there may be temporary or permanent limitations on mobility and flexibility. Physical therapy and rehabilitation can help, but it’s important to follow your doctor’s instructions.
6. Failed Surgery or Recurrence: In some cases, the surgery may not fully alleviate the pain or address the underlying issue. There is also a possibility of the condition recurring or new problems arising over time.

It’s essential to discuss these potential complications and side effects with your surgeon before considering any surgery. They will provide you with specific information based on your condition, the type of surgery, and your individual health. It’s important to make an informed decision and have realistic expectations about back surgery.

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In most cases, employers must provide workers’ compensation insurance to employees. There are some exceptions, but that is the rule in most cases. If they fail to do so, your employer may be in violation of Louisiana workers’ compensation laws. Since many employers cannot avoid paying these insurance premiums, they may try to reduce these costs instead. However, this could reduce or eliminate your workers’ comp benefits. Here are some of the ways your employer might be committing workers’ compensation premium fraud.

Why Would My Employer Commit Workers’ Compensation Premium Fraud?

In an effort to save money, some business owners will fraudulently avoid paying their workers’ compensation insurance premiums. This can lead to workers getting smaller workers’ comp payments or no benefits at all. Here are a few of the methods employers use:

• Misrepresenting the Business – Certain businesses have higher workers’ compensation premiums than others. Businesses where employees file claims more often could pay higher rates. Businesses involving higher risks could also pay higher premiums. This sometimes leads employers to lie about their business and the number of injury claims filed against them.
• Inaccurate Payroll – Some employers commit workers’ compensation premium fraud by reporting fewer employees. This policy-related fraud can result in lower premiums. However, the penalties are stiff. After a criminal investigation, there could be fines or even jail time.
• Misclassifying Employees – Employers pay less to insure certain workers. Businesses also do not have to insure independent contractors at all. This leads some businesses to classify employees as contractors, though they are not. Employers may even claim that certain employees have a low-risk job to avoid premiums.

What Is the Most Common Workers Compensation Fraud?

A study by the Economic Policy Institute suggests employers misclassified 15 to 20 percent of U.S. workers. A study in Louisiana found that 865 companies misclassified almost 9,400 employees as contractors. It is an unfortunately common problem. A worker is usually an independent contractor if:

• the payer controls the result of the work but not how the worker does it
• the worker provides their own specialty tools and training
• the payer cannot set the worker’s hours
• the worker does not have to work exclusively for the payer

Contractors also bear most of the financial risk for their work. If a job is not done, they do not get paid. Employees are often paid regardless of the outcome of their work.

Employees are:

• Trained at the expense of their employers
• Generally cannot work for the employer’s competition
• Are usually scheduled to work certain hours
• Are usually paid regularly (weekly, bi-weekly or monthly)

For more clarification, check out this definition of an independent contractror from the IRS.

How Do I Tell If My Employer Is Avoiding Paying for Workers’ Comp Insurance?

Figuring out if your employer is committing workers’ compensation premium fraud can be difficult. In some instances, businesses may not even know they are committing this crime. This is why consulting the Louisiana Workforce Commission can be a step in the right direction.

Need Help With Your Work Injury Claim?

Our skilled New Orleans workers compensation attorney is dedicated to protecting your rights as a worker. Here at Mitchell & Associates, APLC, we fight to get your family the compensation they need when you have been hurt doing your job. If you are 2 hurt 2 work, we are ready to help. Send us an online message or give us a call at 504-226-6530. We also have an office in Baton Rouge for your convenience.

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Your employer or their insurance company may require a second medical opinion (SMO). This appointment will be overseen by a workers’ comp doctor who will evaluate your injuries. Your statements to this physician will be very important, so you must avoid misunderstandings. Here are the top mistakes claimants make when talking to a workers’ comp doctor.

Three Common Mistakes When Speaking to a Workers’ Comp Doctor

Exaggeration and Understatement

The purpose of your examination is to confirm the extent of your injuries and the treatment you need to recover. Exaggerating your symptoms or failing to fully express them prevents the doctor from evaluating your condition. This could lead to doubts that prevent them from taking you out of work or giving you proper job restrictions.

Failing to Disclose Previous Injuries

As a part of your evaluation, the workers’ comp doctor will ask you about your medical history. If the doctor finds a previously undisclosed injury your case could be in jeopardy. If your previous injuries were recent or relatively severe and you don’t mention them you will be accused of worker’s compensation fraud, which is the intentional misrepresentation of your medical condition in order to get benefits. Disclosing a previous injury offers the doctor a chance to rule out a connection between your current and prior injuries. The physician may even determine that your workplace injury worsened that old injury. This could help your claim.

Inconsistent Information

Information that does not match the doctor’s evaluation is a big red flag. These inconsistencies are often unintentional but can make the doctor think you are being dishonest. When answering the physician, avoid making guesses. If you do not know the answer or are unsure, just say so. This will help prevent inconsistencies that could endanger your claim.

Still Concerned About Your Claim? Our New Orleans Workers’ Compensation Attorneys Can Help

Navigating Louisiana’s workers’ compensation laws is no easy task. It can be even harder when employers and insurance companies are skeptical of your claim. You need a workers’ compensation attorney who will give you the attention you need. We have offices in New Orleans and Baton Rouge that are ready to help you. Learn more about the workers’ comp lawyers at Mitchell & Associates, APLC by giving us a call at 504-226-6530!

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Can Coronavirus Victims File a Workers’ Compensation Claim in Louisiana?

As the coronavirus continues to spread, survivors want to know if they are eligible to file a workers’ compensation claim. In Louisiana, employees can receive workers’ compensation benefits if they contract an occupational disease. An occupational disease is a disease or illness resulting from “causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease.” 

Essentially, an employee must prove that there is a unique relationship between his or her place of employment and the coronavirus. The place of employment must be the main reason that he or she contracted the disease. If another source was the primary cause of his or her COVID-19 contraction, then the claim for benefits will likely not succeed.

However, there are workers who are at a greater risk of contracting the disease. These individuals should contact a New Orleans workers’ compensation attorney immediately. An attorney must find evidence proving that the employee’s job duties placed him or her at a higher risk of contracting the disease. The risk must be greater than the risk faced by other employees and the general public.

Even still, proving this may not be enough to collect workers’ compensation benefits. The Louisiana Office of Workers’ Compensation may argue that the disease is too prevalent. Therefore, it is impossible to determine whether it originated from the specific employment conditions.

Regardless, pandemic infections are not excluded from the occupational disease statutes in Louisiana. Thus, there is a chance that some employees could recover workers’ compensation benefits.

Contact a New Orleans Workers’ Compensation Attorney

Thousands of people have died from the coronavirus across the country. Over 1,300 have died in Louisiana alone. The survivors may be eligible to file for workers’ compensation benefits. Yet, receiving these benefits is an uphill battle. Fortunately, a New Orleans workers’ compensation attorney can help. Contact Mitchell & Associates, APLC today for a free consultation. You can call 504-226-6530 or use our online messaging system. We have offices in New Orleans and Baton Rouge and can answer your most pressing questions.

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Are You Eligible for Social Security Disability in Louisiana?

Before you can collect SSDI benefits, you must determine if you meet the criteria for eligibility. To do this, you must show that you worked in a job that paid FICA taxes for a certain amount of time. You must also meet the medical definition of disability.

SSDI Work Credits

Depending on how much you work, you can earn up to four work credit each year. These work credits help determine if you can collect SSDI benefits. The older you are when you become disabled, the more credits you must accrue. For example, a disabled person at 50 must have at least 28 work credits, and they must have earned 20 of those credits over the 10 years preceding their disabling injury. Disabled adults younger than 24 may qualify if they have earned six credits in the last three years before their disability started.

SSDI Medical Eligibility

If you have the work credits, the next step is to determine if you have a disability based on the SSA’s definition. This means you must have a long-term or severe medical condition. This means your condition must last at least a year. It must also interfere with your ability to work and perform substantial gainful activity. If you are unable to work, you may qualify for total disability. However, if you are still able to work and make at least $1,260 per month, the SSA will likely deny your application for benefits.

How Can We Help?

Collecting social security disability benefits is not easy. Even though you have a valid disability, most SSDI claimants receive a denial. When this occurs, it is important to know that you can appeal claim denials and get the benefits you need. To do this, you need a Louisiana Social Security disability lawyer on your side. Your lawyer can review your claim and denial and help you move forward with your appeal.

At Mitchell & Associates, APLC, our SSDI lawyers can make sure you do not miss any critical deadlines. We are here to help you obtain the SSDI benefits you deserve. That is why we offer help every step of the way. Call us at 504-226-6530 or fill out our confidential contact form for a free initial consultation. With offices in New Orleans and Baton Rouge, we are here when you need us most.

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Collecting Benefits After a Work Injury

In 2018, workers’ compensation insurance claims paid more than $48 billion in premiums to injured workers. This was a 7.3 percent increase from the previous year.

In Louisiana, there are three basic kinds of workers’ comp benefits. Employees may recover:

• Indemnity benefits. Indemnity benefits is another term for payments for your lost wages. You may recover about two-thirds of your lost wages, up to a limit.
• Medical benefits. Medical benefits pay for the medical expenses that resulted from your injury.
• Vocational benefits. Vocational benefits are services to help you find another job if your injury prevents you from staying at your current job.

How Long Do You Have to File a Workers’ Comp Claim?

You must report your injury to your employer to get your workers’ comp claim started. You have 30 days from the date of the accident to report your injury. If you do not meet this deadline, you may lose your chance to file a workers’ comp claim.

After you inform your employer of your injury, it is their responsibility to submit an official report with the Louisiana Office of Workers’ Compensation.

There are other time limits for filing a workers’ comp claim too. These other time limits may depend on whether you have received prior benefits and the types of benefits you may be entitled to for an injury.

There are too many variables that go into workers’ comp statute of limitations to suggest specific deadlines with certainty. Your deadlines may be specific to your unique situation. That is one reason why it is important to work with a workers’ comp attorney that knows the Louisiana Workers’ Comp Act.

Our attorneys can keep track of important deadlines for you. Missing a deadline could cost you your chance at obtaining the benefits you deserve. We make sure that our clients’ claims stay in the forefront and keep them from getting lost in the shuffle.

How Can Your Workers’ Compensation Attorneys Help Me?

Collecting workers’ compensation is not easy. Even though you have a valid injury and claim, it is often difficult to collect the benefits you need. When you suffer a work-related injury, you need a law firm on your side that can fight for your rights. Your lawyer can review your accident and injuries to determine if you have a workers’ comp claim.

At Mitchell & Associates, APLC, our workers’ comp lawyers can make sure you do not miss any critical deadlines. We are here to help after a work accident. We want you to get the benefits you deserve.

We know that you may have questions about your work injury, benefits, or filing a workers’ compensation claim. That is why we offer help every step of the way. Call us at 504-527-6433 or fill out our confidential contact form for a free initial consultation. With offices in New Orleans and Baton Rouge, we are here when you need us most.

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Do I Need a Lawyer for a Workers’ Comp Claim?

Any time you have a dispute with the insurance company, you may benefit from hiring a lawyer. Insurance companies have large legal teams on their side. That is why you need a law firm on your side that will fight for your rights to workers’ comp benefits. Your attorney will need to gather evidence, request independent medical examinations and hire expert witnesses to win your case. This takes considerable knowledge and skill. Yet, how do you know if you need a lawyer for a workers’ comp claim?

5 Reasons to Hire a Workers’ Comp Lawyer

Here are the top five reasons to hire a workers’ comp lawyer to represent you:

Reason #1: Claim Denial

Insurance companies deny workers’ compensation claims for many reasons. They may claim that your injury was not work-related. They may claim that you waited too long to file. They may even claim that you had a preexisting injury. When an insurance company denies your claim, you need a workers’ comp lawyer to help you file an appeal. The appeals process varies from state to state, so you need an attorney with considerable knowledge of Louisiana workers’ comp law.

Reason #2: Permanent Disability Rating Disputes

The amount of your workers’ comp settlement or award depends on your permanent disability rating. When the insurance company disagrees with the rating assigned by your doctor, they may ask for an independent medical examination (IME). The IME doctor often works with the insurance company and assigns a lower disability rating. A lawyer can help you build a case to use a higher disability rating and obtain greater benefits.

Reason #3: Pre-existing Conditions

If you have a pre-existing condition or injury, the insurance company may use this to reduce your benefits or deny your claim. They will blame your work injury on your previous condition. When this occurs, you need a workers’ compensation attorney on your side to help you collect the benefits you need. Your attorney will need to gather evidence proving that your work activities caused or exacerbated your pre-existing medical condition.

Reason #4: Other Government Benefits

In some cases, injured workers may also receive Social Security Disability Insurance (SSDI) benefits. The government may reduce these benefits if you receive workers’ compensation benefits. A workers’ comp lawyer can help you minimize the reduction of your SSDI benefits.

Reason #5: Workers’ Comp Hearings

When the insurance company refuses to reach a settlement, you may need to attend a formal hearing. This is similar to a trial. As such, it is important to have an experienced workers’ comp lawyer on your side to fight for your rights and your future.

Contact a Work Injury Attorney in New Orleans From Our Firm

We understand that it is difficult to know when you need to hire a lawyer for a workers’ comp claim in Louisiana. At Mitchell & Associates, APLC, our work injury attorneys in New Orleans are here to help you get benefits.

Do you have questions about your work injury, benefits, or filing a workers’ compensation claim? Our Baton Rouge workers’ comp attorneys can answer your questions and help you through the workers’ comp process. Call us at 504-527-6433 or fill out our confidential contact form for a free initial consultation.

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